California

California voters will decide this November on a statewide initiative to legalize and regulate the adult use and sale of cannabis.

The Secretary of State’s office confirmed yesterday that proponents of the measure, The Adult Use Marijuana Act, collected over 600,000 signatures from registered voters to place the initiative on the ballot.

Passage of the Act would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.

The AUMA is endorsed by a host of statewide and national organizations, including the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

California is one of several states where voters will be going to the polls in November to decide on statewide marijuana law reform measures. Separate legalization measures have either qualified for the ballot or are anticipated to appear on the ballot in Arkansas (medical), Arizona, Florida (medical), Maine, Massachusetts, Missouri (medical), and Nevada. A Michigan legalization initiative effort is presently in litigation.

This has been an exceptionally busy week at the state and federal level for marijuana law reform. Keep reading to get the latest news and to find out how you can #TakeAction.

Federal:

A bipartisan coalition of House and Senate lawmakers have proposed legislation, the Medical Marijuana Research Act of 2016, to expedite clinical investigations into the safety and efficacy of cannabis. Passage of the measures — House Bill 5549 and Senate Bill 3077 — would expedite federal reviews of clinical protocols involving cannabis, provide greater access to scientists who wish to study the drug, and mandate an FDA review of the relevant science. #TakeAction

State:

Arkansas: Representatives of the group Arkansas for Compassionate Care turned in over 100,000 signatures from registered voters this week in hopes of qualifying the 2016 Arkansas Medical Cannabis Act for the November ballot. The proposed initiative establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions – including ADHD, intractable pain, migraine, or post-traumatic stress – may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to cultivate their own medicine at home.

In 2012, 51 percent of voters narrowly rejected a similar statewide initiative, known as Measure 5. However, recent polling shows that support has increased dramatically since then, with 84 percent of registered Arkansas voters agreeing that “adults should be legally allowed to use marijuana for medical purposes.”

California: Both the American Civil Liberties Union of California and the California Democratic Party have publicly endorsed the Adult Use of Marijuana Act (AUMA). The initiative, which is expected to appear on the November ballot, permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possession and cultivate cannabis for non-commercial purposes.

Delaware: House lawmakers have overwhelmingly approved legislation, SB 181, to permit designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.” Senate lawmakers previously approved the bill on June 9th.

Gov. Jack Markell, D-Delaware, is expected to sign the legislation into law. The measure will take effect upon the Governor’s signature. To date, two other states — Colorado and New Jersey — impose similar legislation.

Florida: Elected officials of yet another Florida county have voted to provide local law enforcement with the option to cite rather than arrest minor marijuana possession offenders. Osceola County commissioners passed the ordinance on Tuesday. The new ordinance is similar to those recently passed in Orlando, Tampa, Volusia County, Palm Beach County, Broward County, West Palm Beach, Key West, Hallandale, Miami Beach and Miami-Dade county.

New Jersey: Legislation to add PTSD to the list of qualifying conditions eligible for medical marijuana is moving forward through state legislature.

Members of the Assembly approved the legislation in a 56 to 13 vote on June 16th. On the same day, members of the Senate Health, Human Services and Senior Citizens Committee approved an identical measure, Senate Bill 2345, in a 6 to 3 vote. Thirteen states already allow PTSD patients to access medical marijuana including Delaware, Maryland, and Pennsylvania.
The measure now awaits a vote by the full Senate. #TakeAction

New York: Legislation has been approved to facilitate the processing and sale of hemp and locally produced hemp products. The measures, A 9310 and S 6960, expand upon New York’s existing hemp research program to permit for the sale, distribution, transportation and processing of industrial hemp and products derived from such hemp. Under existing law, licensed farmers are only permitted to engage in the cultivation of hemp for research purposes as part of an academic program.

Both chambers have approved the legislation so now it awaits a signature from Governor Andrew Cuomo.#TakeAction

Rhode Island: House and Senate lawmakers approved House Bill 7142, legislation to permit post-traumatic stress patients to be eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers overwhelmingly approved the measure. It now heads to the desk of Democratic Governor Gina Raimondo.#TakeAction

House and Senate lawmakers also approved legislation to create the “Hemp Growth Act “. This measure will classify hemp as an agricultural product that may be legally produced, possessed, and commercially distributed. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors. The Department is also authorized to certify any higher educational institution in Rhode Island to grow or handle or assist in growing or handling industrial hemp for the purpose of agricultural or academic research. The legislation now awaits action from Governor Gina Raimondo. If signed, the law will take effect January 1, 2017.#TakeAction

More Governors signed marijuana related legislation into law this week, and once again members of the US Senate have said ‘yes’ to marijuana law reform. Keep reading to get the latest news and to learn what you can do to take action.

Federal:

Members of the U.S. Senate Appropriations committee took action this week, approving 18 to 11, an amendment to further protect doctors and patients who use medical cannabis in accordance with state laws.

The amendment reads, “None of the funds appropriated or otherwise made available in this title shall be used in a manner that would interfere with the ability of a provider to recommend medicinal marijuana in accordance with State law, or of a patient to participate in a medicinal marijuana program consistent with such State law.”

This vote marks the third time in recent weeks that members of the U.S. Senate Appropriations committee have approved marijuana related amendments. Members also recently voted to expand military veterans’ access to medical cannabis and to bar the Department of Justice from spending money to interfere with the implementation of state medical marijuana laws.

State:

California: Legislation NORML opposes is moving forward in the state legislature and we need you to #TakeAction to prevent it from becoming law. Members of the state Assembly voted 60 to 12 on June 2nd in favor of Assembly Bill 2243, legislation seeking to impose a new $9.75/ounce tax on the cultivation of medical-only marijuana. Similarly, members of the state Senate voted 27 to 10 on June 1st in favor of Senate Bill 987, legislation seeking to impose a special 15 percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

Assembly Bill 2243 will now be considered by members of the Senate and Senate Bill 987 will now be considered by members of the Assembly.

While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. #TakeAction

Colorado: On Monday, June 6th, Governor John Hickenlooper signedHouse Bill 1373 into law. This legislation permits qualified patients access to medical cannabis formulations while on school grounds. Under the measure, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use. The measure took effect upon the Governor’s signature.

New York: Advocates are making a final push to pass legislation to significantly expand the state’s current medical marijuana program before the legislative ends on June 16th. New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Currently, 11 separate bills are pending before the legislature to improve and expand the state’s nascent program. #TakeAction

Ohio: Governor John Kasich signed legislation into law this week establishing regulations for the licensed production and dispensing of medical cannabis formulations to qualified patients. House Bill 523 authorizes the use of various forms of cannabis preparations for the physician-authorized treatment of a number of qualifying conditions. For a full list, click here. Ohio is the 26th state to enact statutory language permitting the physician-supervised use of medical marijuana.

Maryland: Governor Larry Hogan has signed legislation, House Bill 104, expanding the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Passage of this legislation allows nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state to provide written certifications to qualifying patients. The legislation takes effect June 1st, 2017.

Michigan: House-backed legislation to expand Michigan’s existing medical marijuana law is expected to be voted on imminently by members of the Senate Judiciary committee. House Bill 4209 would license and regulate above-ground, safe access facilities for state-qualified patients seeking medical marijuana. House Bill 4210 would provide qualified patients legal protections for their use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products. Lawmakers also passed a third bill, HB 4827, which seeks to establish regulations tracking the production and sale of medical marijuana products. Tell the Senate that it is high time to act upon these common sense measures! #TakeAction

Vermont: Governor Peter Shumlin has signed legislation into law expanding the state’s medical cannabis program.

Senate Bill 14 includes various patient-friendly provisions: It permits patients with glaucoma and ‘chronic pain’ and/or those in hospice care to be eligible for cannabis therapy; it eliminates the requirement that patients must have previously tried other conventional treatments “without success” prior to being eligible for medical cannabis; it amends existing doctor/patient relationship requirements in a manner that expedites certain patients eligibility to receive cannabis treatment; and it authorizes naturopaths to make medicinal cannabis recommendations.

The changes impacting patients’ eligibility took effect upon signing. Other changes in the law take effect on July 1, 2016. Full text of the new law is online here.

Federal lawmakers pressured President Obama this week to take executive action to reform marijuana policy. Meanwhile, state legislative reforms are still moving forward throughout the country. Keep reading to get the latest news and to learn what you can do to take action.

Federal:

Fourteen members of the U.S. House of Representatives sent a letter this week to President Obama urging the administration to enact various marijuana law reforms.

The letter requests the administration to reschedule marijuana under federal law to Schedule III or a lower category, or to deschedule it altogether; to license additional growers of cannabis for research purposes; to extend protections for secondary and tertiary businesses that serve the medical marijuana industry, and to ensure that the Justice Department better respects Congressionally-enacted legislation preventing it from interfering with well-regulated state medical cannabis programs.

The letter comes after the Drug Enforcement Agency (DEA) announced recently that it will soon issue a decision on pending petitions seeking to reclassify marijuana. However, lawmakers cautioned that reclassification is only one of many changes needed with regard to federal marijuana regulations. The letter reads, “We would like to caution against adopting the assumption that rescheduling alone is the panacea to the difficulties currently facing businesses, practitioners, and consumers. As such, we implore your Administration to investigate additional reforms that may be made administratively.”

State:

California: The Public Policy Institute of California released new polling information Thursday showing “broad and increasing support for a legal, regulated system of adult-use marijuana in California.” The Adult Use of Marijuana Act (AUMA), which is expected to appear on the November ballot, permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possession and cultivate cannabis for non-commercial purposes.

Sixty-nine percent of Democrats, 65 percent of independents and 45 percent of Republicans support regulating the adult use of marijuana, according to the poll, In each demographic, support has increased in recent months. National NORML has endorsed the AUMA, along with California Lieutenant Governor Gavin Newsom, U.S. Reps. Ted Lieu and Dana Rohrabacher, the California Council of Land Trusts, the Drug Policy Alliance, the Marijuana Policy Project, the California Cannabis Industry Association, the California Medical Association, and the California NAACP.

Ohio: Lawmakers in both chambers have approved legislation, House bill 523, to regulate the use of medical cannabis preparations by qualified patients. The bill authorizes the use of various forms of cannabis preparations for the physicians-authorized treatment of nearly two-dozen conditions, including chronic pain, epilepsy, and Crohn’s. It calls on the state to license the production, distribution, and testing of cannabis products. Home cultivation is not allowed. Products may be dispensed as oils, tinctures, edibles, patches, or as plant material. However, smoking herbal cannabis is not permitted under the measure. Vaporizing medical cannabis products is permitted. Similar restrictions exist in three other states: Minnesota, New York, and Pennsylvania.

The measure now awaits action from Gov. John Kasich, who may be contacted here.

Proponents seeking to place a separate, broader medical marijuana measure on the 2016 ballot announced on May 28 that they were suspending their campaign, stating, “[A]ll in all, it is a moderately good piece of legislation passed by lawmakers who were pushed hard by the patient community. We plan on continuing forward as an advocacy effort to ensure that the State of Ohio lives up to the promises contained in HB 523, but also working to better the program utilizing our amendment as a roadmap for those improvements.”

Pennsylvania: Representative Ed Gainey has introduced legislation, House Bill 2076, to amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. The legislation would impose a fine and a summary conviction for an individual possessing 30 grams or less of marijuana or eight grams or less of hashish. Offenders would no longer face criminal arrest, incarceration, or a criminal record. The bill is now pending before the House Judiciary committee. #TakeAction

West Virginia: Legislation was recently introduced to decriminalize the possession and cultivation of limited quantities of marijuana in West Virginia.

House Bill 114 permits the personal use, growth and possession of up to two ounces of marijuana by persons over the age of twenty-one who have acquired a “tax stamp” from the state. It removes marijuana from the state list of schedule I drugs and decriminalizes first-time marijuana distribution offenses involving under 30 grams of marijuana. Adults will be allowed to transfer to another person twenty-one years of age or older, without remuneration, one ounce or less of marijuana.

Adults who choose to grow their own marijuana will be permitted to cultivate and harvest up to six pants. #TakeAction

This week we’ll give you updates on legislation in Florida, Louisiana, New Hampshire and Ohio. Plus we have exciting ballot initiative news out of California and Missouri! Keep reading below to get the latest in marijuana law reform this week.

California: Proponents of the marijuana legalization ballot initiative, the AUMA (Adult Use of Marijuana Act), announced announced at a press conference that they have gathered more than 600,000 signatures from registered voters. This total is far more than the required number of 365,880 signatures needed in order to qualify for the November 2016 ballot. The Board of Directors of NORML has endorsed the measure, which permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales.

Florida: Members of the Orlando City Council voted 4 to 3 this week in favor of a new municipal ordinance giving police the option to cite, rather than arrest, minor marijuana possession offenders. Under the ordinance, which takes effect on October 1, 2016, first-time and second-time possession offenses involving up to 20 grams of cannabis may be punished by a fine of no more than $200 – no arrest and no criminal record. Under state law, similar offenses are classified as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine. Similar local measures have been recently approved in several other Florida cities and counties, including Tampa, Miami-Dade county, Palm Beach county, and Volusia county.

Louisiana: Members of the House of Representatives have approved senate legislation, Senate Bill 271, to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. The measure also expands the pool of conditions eligible for cannabis therapy to include Crohn’s disease, HIV, multiple sclerosis, and other disorders. The bill will now return to the Senate for concurrence. Governor John Bel Edwards has expressed support for the medical marijuana expansion measure, stating that he wants a ‘meaningful’ bill that will ‘actually work.’ #TakeAction

Missouri: Representatives of New Approach Missouri, the group pushing for a statewide medical marijuana ballot question this November, announced earlier this week they have turned in just under 250,000 signatures to the state for certification — well over the 167,000 signatures necessary to qualify for the ballot. The measure, which NORML has endorsed, would permit physicians to recommend cannabis therapy to patients at their discretion, and would also permit qualified patients to cultivate marijuana or obtain it from licensed dispensaries.

New Hampshire: Members of the House approved an amended, Senate-backed sentencing reform bill, Senate Bill 498, in a 298-58 vote on Wednesday, May 11th. The amended language would make first-time marijuana possession offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. The legislation now returns to the Senate for concurrence. Members of the Senate have previously rejected decriminalization for several years running. #TakeAction

Ohio: House lawmakers approved revised legislation, House bill 523, to establish guidelines for those who may qualify to use medical marijuana and how it may legally be consumed, in a 71-26 vote on May 10th. The revisions outline 20 ailments for which cannabis may be recommended, including epilepsy, AIDS, and intractable pain. However, the revised language prohibits the consumption of medicinal cannabis via smoking. Such restrictions exist in three other states: Minnesota, New York, and Pennsylvania. The measure will now be considered by members of the Senate Government Oversight and Reform Committee on Tuesday, May 17th. #TakeAction

A separate, more comprehensive medical marijuana measure is likely to appear on the 2016 ballot initiative. Proponents of the initiative, the Marijuana Policy Project, must collect 305,591 valid signatures of Ohio voters by early July to qualify for the November 2016 ballot. The MPP-backed measure would permit qualified patients to cultivate their own medicine and/or obtain cannabis from licensed dispensaries. You can read a summary of the measure here.

We are ten days out from NORML’s 2016 Conference and Congressional Lobby Day and we are excited to share with you the full itinerary! Have you registered to attend? We have some fun events planned and it would be a shame for you to miss out!